You are here: / / Question of Fact Raised About Whether School-Wrestler’s Risk of Injury I...
,

Question of Fact Raised About Whether School-Wrestler’s Risk of Injury Increased by Condition of Wrestling Mats

The Second Department ruled Supreme Court had properly denied the school’s motion for summary judgment because a question of fact had been raised about whether the way mats had been taped together increased the risk of injury to wrestlers:

“Pursuant to the doctrine of primary assumption of risk, a voluntary participant in a sporting or recreational activity, “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation”‘” … . “The principle of primary assumption of risk extends to those risks associated with the construction of a playing field and any open and obvious condition thereon” … . “If the playing surface is as safe as it appears to be, and the condition in question is not concealed such that it unreasonably increases risk assumed by the players, the doctrine applies” … . However, “a board of education, its employees, agents and organized athletic councils must exercise ordinary reasonable care to protect student athletes voluntarily involved in extracurricular sports from unassumed, concealed or unreasonably increased risks” … . Philippou v Baldwin Union Free Sch Dist, 2012-02566, Index No 790/10, 2nd Dept, 4-17-13

 

You might also like
Criteria for Derivative Neglect Finding Explained (Evidence Insufficient)
Criteria for Permanent Neglect Explained
COLLATERAL ESTOPPEL PRECLUDED THE GENERAL CONTRACTOR’S INDEMNIFICATION ACTION AGAINST A SUBCONTRACTOR BECAUSE THE SUBCONTRACTOR HAD BEEN GRANTED SUMMARY JUDGMENT IN THE UNDERLYING PERSONAL INJURY ACTION BROUGHT BY THE GENERAL CONTRACTOR’S EMPLOYEES (SECOND DEPT).
Insurer of Lessee Obligated to Defend and Indemnify the Owner/Lessor of the Premises (Named as an Additional Insured) Re: a Slip and Fall on the Sidewalk in Front of the Premises/Use of the Sidewalk Constitutes “Use of the Leased Premises” Within the Meaning of the Policy
THE MOTION TO INTERVENE BY A PARTY WHICH PURCHASED THE PROPERTY IN FORECLOSURE SHOULD HAVE BEEN GRANTED; THE BANK DID NOT PROVE THE BORROWER’S DEFAULT BECAUSE THE RELEVANT BUSINESS RECORDS WERE NOT ATTACHED TO THE VICE PRESIDENT’S AFFIDAVIT (SECOND DEPT).
Criteria for Appointment of Temporary Receiver to Wind Up Dissolution of Partnership Not Met
THE LANDLORD DID NOT HAVE NOTICE OF ANY PRIOR ROBBERIES OCCURRING IN THE BUILDING, THEREFORE THE TENANT-ROBBERY-VICTIM’S COMPLAINT WAS PROPERLY DISMISSED (SECOND DEPT).
Detective’s Testimony About a Non-Testifying Witness’ Description of the Perpetrator Properly Admitted to Explain Detective’s Subsequent Actions and Complete the Narrative

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Adult Care Facility, in Which Residents Have a High Level of Autonomy, Can Not... Tenancy by the Entirety Extinguished When Both Husband and Wife Convey their...